Hazing is among the most serious charges any Kennesaw State University student can face, and it can be a difficult charge to defend against. KSU gives all students the right to defend themselves, but hazing investigations and hearings frequently involve dozens of students, and just sorting out who did what can be a monumental undertaking.
If you've been charged with hazing, you can't afford to try and handle your defense on your own. There's simply too much at stake. These cases most often end in either suspension or outright dismissal.
Whether you did commit an offense or you're the victim of a misunderstanding, the Lento Law Firm's Student Defense Team is always on your side. We're dedicated to protecting student rights. We know how KSU's judicial process works, and we can even show you how to use rules and procedures to your benefit.
You need to contact us quickly, though. You can be sure KSU is already building its case against you. You should be building your defense. Call 888-535-3686 today to find out how we can help, or take a few minutes right now and fill out one of our online forms.
Defining Hazing at Kennesaw State University
The state of Georgia recently passed strict anti-hazing legislation known as the Max Gruver Act. Among other aspects of this law, all schools in the state are required to maintain anti-hazing policies, publish those policies, and make public any time a campus organization violates policy.
As strict as Georgia's law is, though, KSU's policy is stricter. Where the state only classifies acts that cause physical harm as hazing, KSU includes acts that cause “pain, embarrassment, ridicule or harassment” as offenses. This means that even simple verbal harassment could be enough to trigger an investigation.
Here is additional information you need to know about KSU's anti-hazing policy.
- You can be charged with a hazing offense even if nothing goes wrong. KSU defines hazing as any act that “endangers or is likely to endanger” an individual.
- We tend to associate hazing with Greek activities, but KSU's policy makes no mention of fraternities or sororities. Every campus organization is expected to follow anti-hazing guidelines, and members of any group can be charged.
- KSU's policy makes clear that you can be charged with hazing whether activities occur on campus or off campus.
- The “express or implied” willingness of participants will not shield you from a hazing charge. Because membership in the organization is at stake, all hazing activities are, by definition, treated as “coerced.”
Not only is KSU's policy stricter than Georgia's state law, but it's important that you recognize that KSU is not required to abide by the state's decisions in hazing cases. Even if a prosecutor declines to prosecute you for hazing—or does prosecute you and you're found not guilty—KSU can still conduct its own investigation, find you responsible for (guilty of) an offense, and impose its own sanctions. Again, sanctions frequently include suspension and dismissal, and both of these punishments include a transcript notation that describes the nature of your offense.
Defending Yourself From Hazing Allegations
Kennesaw State's own policies provide you with certain due process rights. For instance, you are innocent until proven guilty ("not responsible until proven responsible"), just as you would be in the criminal justice system. The university needs evidence to find you responsible. That means conducting a full investigation. In addition, you always have the right to respond to any evidence being used against you at a formal hearing.
- Anyone at KSU can accuse you of hazing, from pledges to organization members and other organizations to faculty. Ultimately, the Dean of Students is responsible for all student conduct.
- If you are officially charged with a hazing offense, the Dean will provide you with notice of those charges. This notice will include a description of the allegations and a complete list of your due process rights.
- The Director of Student Conduct is responsible for conducting an investigation into all reports of student misconduct. As part of the process, you have the right to give your side of the story. In addition, you are entitled to review any evidence that is uncovered in the case.
- Hazing cases often take weeks or even months to complete. They can be extremely complex and involve dozens of participants—complainants, respondents, and witnesses. Once the investigation is complete, the Director of Student Conduct will refer the case to a formal hearing panel.
- You are entitled to make your full case before the hearing panel. You may present physical evidence and call witnesses to testify. In addition, you may raise questions about any evidence being used against you, including witness testimony.
- The Hearing Panel employs a legal standard known as "preponderance of the evidence" to decide all misconduct cases. If it seems "more likely than not" that you committed the offense, panel members must find you responsible (guilty).
- If you are found not responsible, the case is over. If you are found responsible, you can appeal that outcome. However, you must have grounds for filing such an appeal, such as evidence of a procedural error, new evidence to present, or an argument about the severity of your sanction.
KSU's disciplinary conduct procedures do not specify whether or not you are entitled to bring an attorney with you to investigative meetings and hearings. In any event, you always have the right to consult with a Lento Law Firm attorney. Even if they cannot accompany you to official proceedings, they can play a crucial role in your defense. It is your attorney's job to help guide you through every step in the process. They'll work with you to uncover evidence, for instance, and help you identify your strongest arguments. They'll coach you on how to respond to investigative questions, draft documents on your behalf, and even come up with questions for you to ask witnesses. No matter what happens, they'll keep a close eye on the process and make sure you're treated fairly.
Fighting for Your Future
Hazing is a serious offense, and a Responsible finding can mean serious sanctions. Just because you've been charged, though, doesn't mean you'll necessarily be found Responsible. The Lento Law Firm's Student Defense Team can make sure you're fully prepared to defend yourself. They can insist Kennesaw State University afford you every due process right to which you are entitled. In the end, they offer you your very best chance of success.
Let the Lento Law Firm help you fight for your academic future. To find out more, contact us today at 888-535-3686. Or, fill out our online questionnaire.
